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HomeMy WebLinkAbout2013-10-24-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room October 24, 2013 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 8 John Poulter Road, Map 40, Lot 194 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; elevations; photographs and step and landing plans. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator, Health Director and the Zoning Administrator. The Chairman opened the hearings at 7:34 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature. Susanne Shavelson, owner of the property, presented the petition. A Board member asked what the steps would be made of. (Replacing wood with concrete footings.) There were no questions from audience. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 7:38 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting October 24, 2013 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room October 24, 2013 Board Members Present: Acting Chairwoman Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate member Richard A. Michelson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 25 Harding Road, Map 71, Lot 139 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; elevations; floor plans; assessors’ property card and quitclaim deed dated August 30, 1996. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearings at 7:39 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 to allow an increase in a nonconforming nature. David P. Palm, owner of the property, presented the petition. At the hearing the Board received a letter of support from Betty J. Palm of 20 Harding Road. Board members had no questions. One Board Member commented that it was an interesting design. There were no questions from audience. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 7:44 pm. On a motion by Leo P. McSweeney and seconded by Richard A. Michelson, the Board voted 5-0 to grant SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 to allow an increase in a nonconforming nature. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting October 24, 2013 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room October 24, 2013 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 33 Hayden Avenue, Map 16, Lot 1C The petitioner submitted the following information with the applications: nature and justification of request; a sign site plan; sign plans; photographs, letter of support from Attorney Thomas Fenn dated October 14, 2013 and approval letter from Boston Properties for signage dated October 1, 2013. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director; Economic Development and the Historic Districts Commission Clerk. Comments were received from the Economic Development office and the Zoning Administrator. The Chairman opened the hearings at 7:45 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5.2.10 to allow more or larger signs than are permitted. Attorney Thomas Fenn, representing the company, Synageva Bio Pharma Corporation, presented the petition. With Attorney Fenn was the VP of the company Chris Hagowick. Attorney Fenn explained they had been before the Design Advisory Committee but because the Committee did not have a quirum they could not have a formal vote but had liked the design of the sign. One of the Board members asked if the sign was visible from Rte. 2 and how late would they be lit. (Maybe in the winter and the lights would be off between 11:00 pm and 6:00 am.) Another Board member asked if the pictures on the panels would remain the same or would the panels change from time to time. (The panels would always be the same.) There were no questions from the audience. BOA Meeting October 24, 2013 4 No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 7:55 pm. On a motion by Edward D. McCarthy and seconded by Leop P. McSweeney, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5.2.10 to allow for more or larger signs than are permitted as per plans submitted with the application. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting October 24, 2013 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room October 24, 2013 Board Members Present: Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 358 Marrett Road, Map 33, Lot 7 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; elevations; plans; findings of fact dated September 27, 2013 from the applicant. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearings at 7:56 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 to allow an increase in a nonconforming nature. Scott Lundahl, owner of the property, presented the petition. Board members had no questions. There were no questions from audience. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 8:00 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 to allow an increase in a nonconforming nature. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting October 24, 2013 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room October 24, 2013 Board Members Present: Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Addresses: 653R Lowell Street and 653 Lowell Street The Board and the applicant agreed to hear the two hearings together. The petitioner submitted the following information with the applications: For 653R Lowell Street: nature and justification of request; a topographic plan; plot plan; elevations; floor plans; 2 letters of support; tax bill and a deed dated May 27, 1999. For 653 Lowell Street: nature and justification of request; a topographic plan; plot plan; elevations; floor plans; 2 letters of support; tax bill and a deed dated May 27, 1999. Prior to the hearing, the petitions and supporting data for both applications were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Health Director, Planning Director and the Zoning Administrator. The Chairman opened the hearings at 8:01 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting the following relief: 2 VARIANCES For 653R Lowell Street: in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.4, Table 2, Schedule of Dimensional Controls and section 135-4.2.2 to allow: 1) Lot frontage of 30 ft. instead of the 150 ft. required and 2) Allow for a circle diameter of 24 ft. instead of the 120 ft. tangent to the lot frontage. For 653 Lowell Street: 3 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.4, Table 2, Schedule of Dimensional Controls and section 135-4.2.2 to allow: BOA Meeting October 24, 2013 7 1) Lot area of 24,388 sq. ft. instead of the required 30,000 sq. ft.; 2) Frontage of 84.67 ft instead of the required 150 ft.; and 3) To allow for a circle diameter of 67.82 ft. instead 120 ft. tangent to the lot frontage. Attorney Edmund Grant presented the petition for the owners of the property, David and Laurie Johnson. At the hearing Attorney Grant gave the history of the properties and the existing conditions. Board members asked the aplicant to clarify where the 2 homes would be; if the grass area belongs to the applicants or the gas station; and questioned the landscaping plans. The Board and the applicant had a discussion on the landscaping and the Zoning Administrator requested one of the plot plans to be marked as an exhibit for the records. There were no questions from audience. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 8:20 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board 2 VARIANCES voted 5-0 to grant in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.4, Table 2, Schedule of Dimensional Controls to 653R Lowell Street and section 135-4.2.2 to allow: 1) Lot frontage of 30 ft. instead of the 150 ft. required and 2) Allow for a circle diameter of 24 ft. instead of the 120 ft. tangent to the lot frontage. With the condition that the living fence on the southern side of the property as marked at the hearing shall be maintained. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board 3 VARIANCES voted 5-0 to grant in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.4, Table 2, Schedule of Dimensional Controls to 653 Lowell Street and section 135-4.2.2 to allow: 1) Lot area of 24,388 sq. ft. instead of the required 30,000 sq. ft.; 2) Frontage of 84.67 ft instead of the required 150 ft.; and 3) To allow for a circle diameter of 67.82 ft. instead 120 ft. tangent to the lot frontage. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting October 24, 2013 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room October 24, 2013 Board Members Present: Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS: 1) On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney the Board voted to approve the minutes of October 24, 2013. 2) On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney the meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting October 24, 2013 9